Syed Waseh vs State Of Telangana

In this criminal petition, the petitioner is challenging the docket order dated 01.12.2023 dismissing the Crl.M.P.No.88 of 2023 in S.C.No.112 of 2023 pending on the file of Fast Track Special Court for Expeditious trial and disposal of Rape and POCSO Act Cases, Ranga Reddy District at L.B.Nagar.

The brief facts leading to the filing of this criminal petition are that the petitioner is accused of committing an offence under POCSO Act, 2012 and is arrayed as accused in S.C. No.112 of 2023. It is submitted that the trial has commenced on 21.08.2023 and the trial Court noticed that the accused was absent and there was no representation from his counsel and therefore, non-bailable warrant was issued. In case of recall of witnesses i.e., PWs.1 to 3, costs of Rs.300/- each was directed to be paid to PWs.1 to 3. On coming to know of the order, the petitioner filed Crl.M.P.No.88 of 2023 for recall of PWs.1 to 3 for the purpose of cross-examination. The trial Court observed that the accused was present, however, he was not represented by his counsel and directed the accused to cross-examine PWs.1 to 3. Accordingly, the accused personally cross-examined PWs.1 to 3. Thereafter, the accused has filed a petition requesting for an opportunity to cross-examine PWs.1 to 3 again. The trial Court was not inclined to grant another opportunity initially, however, on payment of costs of Rs.3,000/- each to PWs.1 to 3, the petitioner was permitted to cross-examine PWs.1 to 3 on the next date of hearing. On 01.12.2023 the trial Court further observed that the witnesses and the accused were present, but counsel on record for the accused was not present and his junior counsel was present, who requested for a pass over initially and subsequently, when the case was called, junior counsel has requested for reduction of the costs imposed by the trial Court and did not cross-examine the witnesses. Therefore, the trial Court has dismissed Crl.M.P.No.88 of 2023 for non-compliance of conditional order and posted the case to 04.12.2023 for examination under Section 313 of Cr.P.C. Challenging this order, the present criminal petition is filed.

The learned counsel for the petitioner/accused submitted that the petitioner did not challenge the costs imposed by the trial Court payable to PWs.1 to 3. It is further submitted that after payment of said costs to PWs.1 to 3, the petitioner is seeking cross-examination of PWs.1 to 3 by his counsel on record, as earlier, the cross-examination of PWs.1 to 3 was done by the accused on the direction of the Court.

Sri B. Suresh Goud, learned Additional Public Prosecutor, vehemently opposed the said request and submitted that this is an offence falling under POCSO Act and therefore, strict action has to be taken and no liberal view should be taken permitting further cross-examination of the witnesses. He submitted that the accused is only trying to drag on the matter.

The learned counsel for the petitioner submitted that the matter is listed before the trial Court tomorrow i.e., on 22.12.2023 for pronouncement of judgment.

Having regard to the rival submissions made by both the learned counsel and on perusal of the material placed on record, this Court opines that though the accused has requested for an adjournment initially, as per the direction of the trial Court, the accused himself cross-examined PWs.1 to 3, when the counsel appearing on his behalf was not present. Therefore, in the interest of justice and following the principles of natural justice, this Court deems it fit and proper to permit the petitioner/accused to cross-examine PWs.1 to 3 through his counsel only. Since the case is posted tomorrow i.e., on 22.12.2023 before the trial Court, the petitioner is directed to pay costs of Rs.3,000/- each to PWs.1 to 3, as directed by the trial Court on the earlier occasion, and on the very same day i.e., 22.12.2023 the petitioner shall cross-examine the PWs.1 to 3 through his counsel on record and if the petitioner does not avail this opportunity of cross-examining PWs.1 to 3 through his counsel, this order gets automatically vacated and the trial Court is free to proceed with the matter.

Further, if the cross-examination of PWs.1 to 3 is done on 22.12.2023, on payment of costs as directed by this Court, the trial Court shall conclude the proceedings in the aforementioned S.C. at the earliest, preferably within a period of 15 days thereafter.

With the above observations and directions, the Criminal Petition is disposed of.

Miscellaneous applications, if any pending, shall also stand closed.